Richard and Nicola Burge were awarded £25k in damages last year after they blamed the council for having to demolish and rebuild their conservatory due to damage caused by the roots of a nearby oak tree (pictured: stock image of a conservatory)

A couple who won £25,000 compensation after their conservatory was undermined by tree roots have been denied the payout by top judges.

Richard and Nicola Burge were awarded the money in damages after blaming South Gloucestershire Council for the demolishment of their conservatory.

The couple accused the council of refusing to let them fell a nearby oak tree while the council insisted the conservatory in Saxon Way, Bradley Stoke, only needed to be demolished because it was so badly built in the first place.

Mr and Mrs Burge won their case before the Upper Tribunal last year but this has since been overturned by the Court of Appeal, putting the couple’s compensation bid back to square one.

The payout was overturned by judges at the Court of Appeal (pictured)

Three senior judges ruled the tribunal had taken “too narrow” an approach to the dispute and applied the wrong legal test.

The oak tree has stood since at least 1946, long before Mr and Mrs Burge’s home was built, said Lord Justice Lindblom. The couple added the conservatory in 2003 but, around 2006, the cracks started to appear.